SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): November 3, 1994 ---------------- Merrill Lynch & Co., Inc. ------------------------------------- (Exact name of Registrant as specified in its charter) Delaware 1-7182 13-2740599 - -------------------------------------------------------------------------------- (State or other (Commission (I.R.S. Employer jurisdiction of File Number) Identification No.) incorporation) World Financial Center, North Tower, New York, New York 10281-1220 -------------------------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (212) 449-1000 -------------- - -------------------------------------------------------------------------------- (Former name or former address, if changed since last report.) Item 5. Other Events - ------- ------------- Exhibits are filed herewith in connection with the Registration Statement on Form S-3 (File No. 33-55363) filed by Merrill Lynch & Co., Inc. ("ML & Co.") with the Securities and Exchange Commission covering depositary shares and preferred stock. ML & Co. will offer 17,000,000 depositary shares (the "Depositary Shares"), each representing one-four hundredth of a share of ML & Co.'s 9% Cumulative Preferred Stock, Series A (the "Preferred Stock"). The exhibits consist of the form of certificate evidencing the Preferred Stock, the form of Depositary Receipt, the form of the Certificate of Designations relating to the Preferred Stock and the form of Deposit Agreement. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits - ------- ------------------------------------------------------------------- EXHIBITS 4.1 Form of Certificate of Designations of the Registrant establishing the rights, preferences, privileges, qualifications, restrictions and limitations relating to the Preferred Stock. 4.2 Form of certificate evidencing the Preferred Stock. 4.3 Form of Deposit Agreement. 4.4 Form of Depositary Receipt (attached as Exhibit A to Exhibit 4.3 hereto). 2 SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereto duly authorized. MERRILL LYNCH & CO., INC. ------------------------------ (Registrant) By: /s/ Theresa Lang _________________________ Theresa Lang Treasurer Date: November 3, 1994 3 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 MERRILL LYNCH & CO., INC. EXHIBITS TO CURRENT REPORT ON FORM 8-K DATED NOVEMBER 3, 1994 COMMISSION FILE NUMBER 1-7182 EXHIBIT INDEX Exhibit No. Description Page - ----------- ----------- ---- 4.1 Form of Certificate of Designations of the Registrant establishing the rights, preferences, privileges, qualifications, restrictions and limitations relating to the Preferred Stock. 4.2 Form of certificate evidencing the Preferred Stock. 4.3 Form of Deposit Agreement. 4.4 Form of Depositary Receipt (attached as Exhibit A to Exhibit 4.3 hereto).